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2022 Supreme(Pat) 72

ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
Salamdin Miyan S/o-Asmahmad Miyan – Appellant
Versus
State of Bihar through the Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Binay Kumar, Adv.
For the Respondent: Mr. Prabhu Narayan Sharma, AC to AG.

ORDER :

ASHWANI KUMAR SINGH, J.

In para-1 of the writ petition, the petitioner has sought for the following reliefs:-

    i. A writ in the nature of Habeas Corpus or any other appropriate writ/writs, order/orders, direction to release the victim (Respondent No. 6) and her child in custody of petitioner, victim has been unlawfully detained at Balika Grih Motihari after ignoring the fact that she is major and has voluntarily marriage with a person at her own choice.

ii. A writ in the nature of Certiorari or any appropriate writ/writs, order/orders for quashing the order dated 27.08.2021 and 02.11.2021 passed in Sugauli P.S. Case No. 515 of 2020 by the learned 6th Additional Sessions Judge cum Special Judge, East Champaran, Motihari whereby and where under the learned courts found the victim (Respondent No. 6) minor and sent her to Balika Grih Motihari, ignoring her medical report which suggest her age more than 19 years.

iii. To any other relief/reliefs to which the petitioner is entitled for and the Hon’ble Court deems fit and proper.

2. The case of the petitioner is that on 22.08.2020, his minor daughter X (name changed) aged about 15 years went out of her house to attend the call of nature

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